Can you turn an apartment building into 55-and-older housing?
Yes, but only by meeting the federal test for housing for older persons. At least 80 percent of the occupied units must have at least one resident 55 or older, you must publish and follow policies that show the building is run as 55-and-older housing, and you must verify ages at least every two years. Short of that, turning away families with children is familial status discrimination under the Fair Housing Act.
Two exemptions, and the one that fits most owners
HUD's rules in 24 CFR part 100, subpart E allow two kinds of age-restricted housing:
| 62 or over | 55 or older | |
|---|---|---|
| Who lives there | Every resident 62 or older (with narrow exceptions such as on-site staff) | At least one person 55 or older in at least 80 percent of occupied units |
| Rule | 24 CFR 100.303 | 24 CFR 100.304 to 100.307 |
| Fits a small building? | Rarely: one younger spouse breaks it | More often, if the policies and records are in place |
The rest of this page is about 55-or-older housing.
It has to be the whole property, not a floor
The exemption applies to a "housing facility or community", which section 100.304 defines as any dwelling or group of units governed by a common set of rules, such as a leased property under common private ownership. The same section says a portion of a single building is not a housing facility or community. So you cannot set aside the third floor of a mixed building as 55-plus; the whole property has to qualify.
The 80 percent test, worked out
Under section 100.305, at least 80 percent of occupied units must have at least one occupant 55 or older on the date the exemption is claimed. Vacant units do not count, units held by on-site employees under 55 who do real management or maintenance work do not hurt you, and a newly built property need not meet the test until 25 percent of its units are occupied.
Example a made-up 40 unit building has 36 occupied units. Eighty percent of 36 is 28.8, so at least 29 occupied units need a resident 55 or older. Today 31 do. Up to 7 occupied units, or 20 percent, may house only younger residents, so the owner has 2 units of room before a younger household would push the building under the line. When one of the 31 older households moves out, the owner checks the count before renting that unit to a younger household.
Publish and follow the policies
Section 100.306 requires published policies and procedures that show intent to operate as 55-or-older housing. HUD looks at how you describe the property to applicants, your advertising, lease terms, written rules, your actual practice, and notices posted in common areas. Words like "adult living" or "adult community" in ads are not consistent with that intent; say "housing for persons 55 and older" instead.
- Write the policy: the property operates as housing for persons 55 and older, and how many younger households you will accept.
- Put it in the lease and the house rules, and post it in the lobby.
- Use the same words in every listing.
- Apply it the same way to every applicant.
Verify ages every two years
Under section 100.307, you must be able to prove the 80 percent figure with reliable surveys and affidavits, and update the information at least once every two years. Accepted proof includes a driver's license, birth certificate, passport, immigration card, military ID, another official document with a birth date, or a signed certification in the lease, application or an affidavit by an adult household member that at least one person in the unit is 55 or older.
Keep the survey, the proof for each unit and the date. Without them, the exemption fails when someone files a complaint, and the familial status rules apply in full.
How DoorKeeping handles it
In DoorKeeping, each lease and its signed certifications stay with the property, leases go out for e-signature, and you can ask Claude or ChatGPT how many occupied units have a certified older resident before you approve a new lease. DoorKeeping gives no legal advice; state law can add rules, so check with a fair housing attorney before converting a building.
Sources
- eCFR, 24 CFR part 100, subpart E, Housing for older persons, read Oct 30, 2026
- eCFR, 24 CFR 100.304, Housing for persons who are 55 years of age or older, read Oct 30, 2026
- eCFR, 24 CFR 100.305, 80 percent occupancy, read Oct 30, 2026
- eCFR, 24 CFR 100.306, Intent to operate as housing designed for persons who are 55 years of age or older, read Oct 30, 2026
- eCFR, 24 CFR 100.307, Verification of occupancy, read Oct 30, 2026
Questions
- Can I make one floor of my building 55 and older?
- No. Under 24 CFR 100.304, a portion of a single building is not a housing facility or community, so the whole property must qualify.
- Do all residents have to be 55 or older?
- No. At least 80 percent of occupied units need at least one resident 55 or older. Only 62-or-over housing requires every resident to be 62 or older.
- How often must I verify residents' ages?
- At least once every two years, through surveys or other means, using documents such as a driver's license or a signed certification by an adult in the household.